The Biodiversity Gain Site Register Regulations 2024

1. Introductory Text

2. PART 1 Preliminary

   1. 1. Citation, commencement and extent

   2. 2. Interpretation

3. PART 2 The biodiversity gain site register

   1. 3. Duty to establish and maintain the biodiversity gain site register

   2. 4. Public access to information in the biodiversity gain site register

4. PART 3 Registration of land in the biodiversity gain site register

   1. 5. How and when land may be registered in the biodiversity gain site register

   2. 6. Land eligible to be registered

   3. 7. Applications to register land in the biodiversity gain site register

   4. 8. Required content of application to register land in the biodiversity gain site register

   5. 9. Determination of application to register land in the biodiversity gain site register

   6. 10. Register operator to give notice when application to register land is rejected

   7. 11. Register operator’s duties when application to register land is accepted

5. PART 4 Recording allocation of habitat enhancement to a development after registration of the land

   1. 12. Applications to record allocation of habitat enhancement to a development after registration of the land

   2. 13. Required content of applications to record allocation of habitat enhancement

   3. 14. Determination of application to record allocation of habitat enhancement

   4. 15. Register operator to give notice of the outcome of an application to record allocation of habitat enhancement

   5. 16. Information to be recorded in the register when application to record allocation of habitat enhancement is accepted

6. PART 5 Amendment of an entry in the biodiversity gain site register on application to the register operator

   1. 17. Application to amend information in an entry in the biodiversity gain site register

   2. 18. Determination of application to amend a register entry

   3. 19. Requirement to give notice of outcome of an application to amend a register entry

7. PART 6 Amendment of an entry in the biodiversity gain site register on the register operator’s own initiative

   1. 20. Amendment of an entry in the biodiversity gain site register without application

   2. 21. Notice of intent to be given before entry is amended under regulation 20

   3. 22. Right to make representations

   4. 23. Decision to amend an entry in the biodiversity gain site register

8. PART 7 Removal of land from the biodiversity gain site register on application to the register operator

   1. 24. Application to have an entry removed from the biodiversity gain site register

   2. 25. Determination of an application to have an entry removed from the biodiversity gain site register

9. PART 8 Removal of land from the biodiversity gain site register on register operator’s own initiative

   1. 26. Removal of an entry from the biodiversity gain site register without application

   2. 27. Notice of intent to be given before entry is removed under regulation 26

   3. 28. Right to make representations

   4. 29. Decision to remove an entry from the biodiversity gain site register

10. PART 9 Appeals

    1. 30. Right to appeal against rejection of an application, amendment of the register or removal of an entry from the register

    2. 31. Determination of appeal against rejection of an application

    3. 32. Determination of appeal against decision not to make requested amendments

    4. 33. Determination of appeal against amendment or removal of a register entry

    5. 34. Consequences of appeal where register operator directed to accept an application

    6. 35. Consequences of appeal where register operator is directed to reconsider an application or a decision not to make an amendment

11. PART 10 Effect of applications to and decisions etc of the register operator

    1. 36. Applications etc and decisions to have effect only for the purposes of these Regulations

    2. 37. No infringement of copyright by register operator

12. PART 11 Notices

    1. 38. Methods of giving notice under these Regulations

    2. 39. Address to be used for a notice given in connection with an application under these Regulations

    3. 40. Address to be used for a notice given otherwise than in connection with an application under these Regulations

13. PART 12 Review of regulatory provision

    1. 41. Requirement to carry out a review of the regulatory provision made by these Regulations

14. Signature

15. Explanatory Note